Commonwealth Numbered Acts

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EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 - SECT 37

Secrecy.
37. (1) This section applies to every person who is or has been a member of
the Board or of the staff assisting the Board.

(2) Subject to this section, a person to whom this section applies shall not,
either directly or indirectly, except for the purposes of this Act-

   (a)  make a record of, or divulge or communicate to any person, any
        information concerning the affairs of a person acquired by him by
        reason of his office as a member of the Board or as a member of the
        staff assisting the Board; or

   (b)  produce to any person an application or other document furnished by a
        person for the purposes of obtaining a grant.

Penalty: $500 or imprisonment for 6 months.

(3) Sub-section (2) does not apply to the disclosure of information, or the
production of a document, to the Minister, or to the Secretary to the
Department of Overseas Trade or an officer of that Department designated by
the Secretary.

(4) Sub-section (2) does not prevent the Board from making public at any time-

   (a)  the names of persons to whom the Board has authorized payments of
        grants and the respective amounts of the grants; and

   (b)  any information of a statistical nature.

(5) A person to whom this section applies shall not be required to divulge or
communicate to a court any information referred to in sub- section (2) or to
produce in a court any document referred to in that sub-section, except when
it is necessary to do so for the purposes of, or of a prosecution under or
arising out of, this Act.

(6) A person to whom information is communicated under sub- section (3) and an
employee or other person under his control are, in respect of that
information, entitled to rights and privileges, and subject to obligations and
liabilities, under sub-sections (2) and (5) as if they were persons referred
to in sub-section (1).

(7) In this section-



"court" includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;



"produce" includes to permit access to, and "production" has a corresponding
meaning. 


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